CA refuses bail for Hemasiri Fernando | Daily News


 

CA refuses bail for Hemasiri Fernando

The Court of Appeal yesterday rejected a request made by former Defence Ministry Secretary Hemasiri Fernando that an Interim Order be issued to release him on bail in connection with the Easter Sunday attacks case.

However, the Court of Appeal two-judge-bench comprising Justice Kumuduni Wickremasinghe and Justice Priyantha Fernando issued notices on the CID and the Attorney General to appear in Court on November 26 in connection with the two revision applications filed by Inspector General of Police (IGP) Pujith Jayasundara and former Defence Secretary Hemasiri Fernando in connection with the Easter Sunday attacks case.

President’s Counsel Gamini Marapana with Navin Marapana PC appearing for the former Defence Secretary yesterday sought an Interim Order to release their client on bail arguing that their client’s liberty cannot be restrained by being kept in remand custody without reasonable grounds. However, Deputy Solicitor General Dileepa Peiris appearing for the Attorney General raised objections to the request stating these two suspect’s negligence had led to the terrorist attack.

Taking into consideration the facts, the Court of Appeal fixed two revision applications to be heard on November 26.

Filing an appeal through their lawyers, the petitioners requested the Court of Appeal to revise and set aside Colombo High Court’s order to refuse bail and sought an Interim Order to grant bail to the petitioners on any condition that court shall seem fit.

On October 9, the Colombo High Court had ordered the remand of IGP Pujith Jayasundara and former Defence Secretary Hemasiri Fernando after revising Colombo Chief Magistrate’s order to release them on bail in connection with the Easter Sunday attacks. Accordingly, they have been remanded till November 6 by the Colombo Chief Magistrate’s Court.

The petitioners maintained that the High Court judge had made an order to remand the petitioners without taking into consideration the facts of the incident against them.

In his judgement, Colombo High Court Judge Vikum Kaluarachchi observed that the bail order issued by the Chief Magistrate had exceeded the powers vested in a Magistrate.

The High Court judge decided to revise the Chief Magistrate’s bail order dated July 9, 2019 after observing that the bail order made by Chief Magistrate was erroneous.


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